An examination of the causes of the widespread and severe underfunding of defined benefit pension plans, and of the limited options left for coping with… Read More »The Pension Bomb I. Defined Benefit Pension Plans in the United States: Arbitration in a Time of Reckoning
The author asserts that commercial arbitration under the Federal Arbitration Act, and labor arbitration under the Labor Management Relations Act are “in a state of… Read More »How the Federal Arbitrator Act will stabilize and strengthen the law of labor arbitration.
Arbitrator Jaffe describes how he handles statutory claims: the differences between CBA grievances and disputes arising under federal statutes; the issues that frequently arise under… Read More »The arbitration of statutory disputes:Procedural and substantive considerations
The author distinguishes between the need for arbitrators to be proactive in statutory disputes, as opposed to an otherwise ordinary CBA dispute in which a… Read More »The arbitration of statutory disputes:Management perspective
An exploration of the impact of the Gilmer decision on arbitration, and the relationship between the Federal Arbitration Act and the Steelworker Trilogy: “Gilmer has… Read More »Arbitration and the courts: Part 2. Adjusting the balance between public rights and private process: Gilmer v. Interstate Johnson Lane Corp.
President Anderson provides a brief historical survey of labor arbitration in the United States, both grievance and interest, and cautions arbitrators to discharge so as… Read More »Presidential address: Labor arbitration today
An analysis of Supreme Court cases influencing the development of collective bargain and arbitration, and of the shift of the NLRB’s deferral standards, and reasons… Read More »The National Labor Relations Act: 1935-1985 (II: The pendulum swings)
An analysis of the Supreme Court’s W. R. Grace & Co. decision and its implications for 1) the place of “public policy” in the enforcement… Read More »Recent law and arbitration: 1. W.R. Grace and Co.: An epilogue to the trilogy?
The annual report of the Academy’s Committee on Law and Legislation includes review of 450 Federal appellate level cases in 1975. Included are Supreme Court… Read More »Arbitration and federal rights under collective agreements in 1975
An annual report of the Academy’s Committee on Law and Legislation, including a review of 500 Federal appellate level cases relating to the labor-management arbitral… Read More »Arbitration and federal rights under collective agreements in 1974